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LUXURIOUS SWIMMING POOLS, INC. v. TEPE

No. 3-276A29.

379 N.E.2d 992 (1978)

LUXURIOUS SWIMMING POOLS, INC., Appellant-Defendant, v. Elmer H. TEPE, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

August 28, 1978.

Attorney(s) appearing for the Case

Joseph V. Simeri, Kramer, Rowe, Sweeney, Butler, Simeri & Laderer, South Bend, for appellant-defendant.

Bodine, McLaughlin & Bodine, Timothy P. McLaughlin, Mishawaka, for appellee-plaintiff.

STATON, Judge.

On July 27, 1966, Elmer H. Tepe contracted with Luxurious Swimming Pools, Inc. for the construction of a porcelainized steel wall pool in his backyard. The actual installation of the pool was begun on April 10, 1967. Within one or two days after the finished pool was filled with water, an eight foot crack was noticed in its concrete bottom. Tepe's testimony indicates that two additional cracks, of nine and twenty-three feet in length, developed between...

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